Tarver et al v. Superintendent
| Andrea LaPietra and Deashon Tarver |
| Superintendent |
| 9:2020cv00108 |
| January 31, 2020 |
| US District Court for the Northern District of New York |
| Glenn T Suddaby |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 6
DECISION AND ORDER: It is ORDERED that LaPietra's request to proceed as "Next Friend" to petitioner is DENIED and the original petition, Dkt. No. #1 , is DENIED AND DISMISSED; and it is further ORDERED that petitioner's motion for appointment of counsel, Dkt. No. #5 -1 at 22-71, is DENIED WITHOUT PREJUDICE; and it is further ORDERED that petitioner may file an amended petition within thirty (30) days of the filing date of this Decision and Order. The Clerk is respectfully directed to provide petitioner with a two blank 2254 habeas petitions for this purpose. If petitioner wishes to challenge both his 2018 and 2019 convictions, he will be required to challenge each conviction in a separate petition. ACCORDINGLY, IF PETITIONER WANTS TO CHALLENGE BOTH CONVICTIONS HE WILL BE REQUIRED TO FILE A SECOND HABEAS PETITION. It is further ORDERED that if petitioner does not file any amended petitions within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without further order of the Court, Habeas Rule 4; and it is further ORDERED that upon the filing of any amended petitions, the Clerk shall forward the file in this matter to the Court for further review. No answer to the petition will be required from the respondent until petitioner has submitted the amended petitions, and the Court has had the opportunity to review his arguments. (Notice of Compliance Deadline 4/20/2020, Case Review Deadline 5/18/2020). Signed by Chief Judge Glenn T. Suddaby on 3/18/2020. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 5 AMENDED PETITION for Writ of Habeas Corpus filed by Deashon Tarver. (Attachments: #1 notice, #2 Exhibit(s))(nas, ) |
| Filing 4 AFFIDAVIT submitted by Andrea LaPietra on behalf of Deashon Tarver. (nas, ) (Additional attachment(s) added on 3/6/2020: #1 Exhibit(s)) (nas, ). |
| Filing 3 NOTICE of Change of Address by Deashon Tarver Effective Date 2/14/2020 New Address: Mid-State Correctional Facility (nas, ) |
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Filing 2
DECISION AND ORDER that LaPietra may file an affirmation within thirty (30) days of the filing date of this Decision and Order. The affirmation shall establish why Tarver cannot appear on his own behalf to prosecute the action; the relationship between LaPietra and Tarver; and how LaPietra is truly dedicated to Tarver's best interests. The affidavit is limited to five pages, excluding any attached relevant documentation from medical professionals corroborating petitioner's diagnosis and inability to represent himself. If LaPietra does not file an affirmation within thirty (30) days of the filing date of this Decision and Order, the Court will dismiss the petition without prejudice for lack of standing. Upon the filing of any affirmation, the Clerk shall forward the file in this matter to the Court for further review. Signed by Chief Judge Glenn T. Suddaby on 2/6/2020. (Copy served upon Petitioners Tarver and LaPietra via regular mail). (sal ) .
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| Set Deadlines: Notice of Compliance Deadline 3/9/2020. Case Review Deadline 4/6/2020. (sal ) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt #ALB011661) filed by Deashon Tarver, Andrea LaPietra. (Attachments: #1 Supplement)(meb) (Additional attachment(s) added on 2/3/2020: #2 Exhibits) (meb, ). |
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